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Scottish Court of Session Decisions >>
Mackeinzie v Mackeinzie. [1671] 2 Brn 509 (27 January 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020509-0857.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Mackeinzie v. Mackeinzie
Date: 27 January 1671
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This is a reduction of a decreet of the commission for plantation of kirks, at a minister's instance, against his parishioners. My Lord Advocate refused to find the Lords Judges competent to the reduction of the plats decreets, because it is a committee of Parliament, and at least co-ordinate to the Lords themselves. But it being called before my Lord Gosford, he sustained it, seeing the Lords are not obliged to decline themselves. (Vide infra, June 1677, Number 586, Minister of Nig's case.) And this were very acceptable to the lieges, if it were drawn in a custom, because they get far more speedy justice before the Lords of Session, than they do before that commission. See something not unlike sustained in the English time, 11th June 1656, Earl of Roxburgh. Yet see 6th February 1658, Mr. Robert Hodge; but at this time there was no such court as a commission.
Act. Rory Mackenzie.Alt. Sir G. Mackenzie.
Advocates' MS. No. 111, folio 87.
